In his opening statement in Elena Kagan’s confirmation hearing today, Sen. Pat Leahy (D-VT) took a moment to reflect on who he believes are the real activist judges on the Supreme Court. And his determination was, as one would expect, rather different than what Republicans would have Americans believe.
Leahy focused his comments on the Citizens United decision, and the idea, much-maligned by Republicans, that justices have a responsibility to help provide actual justice to Americans rather than a line-reading of a 200-year-old document. Leahy said:
I expect judges to look to the legislative intent of our laws, to consider the consequences of their decisions, to use common sense and to follow the law. In my view a Supreme Court justice needs to exercise judgment, should appreciate the proper role of the courts in our democracy, should consider the consequences of decisions on the fundamental purposes of the law and the lives of Americans.
Leahy and his Democratic colleagues are alone in that view: most of his Republican counterparts seem to think that adherence to the strict letter of the law is more important than a judge’s sense of justice.
Leahy later connected the dots between the idea that the Roberts court is activist, the adherence to law and precedent and the Citizens United decision that overturned all the campaign finance limits on corporations.
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